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    Pre Trial Brief

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    Ariadne Hornilla
    The accused, Lady Tremaine, is charged with serious illegal detention. She admits detaining the victim, Princess Cinderella, on January 15, 2018. Lady Tremaine claims the detention was justified to avoid greater harm. She will present evidence and witnesses to prove Cinderella's history of drug use and aggression, and that Lady Tremaine acted in self-defense after being attacked. The issues are whether Lady Tremaine committed the crime and if her actions were justified.

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    Pre Trial Brief

    Uploaded by

    Ariadne Hornilla
    131 views3 pages
    The accused, Lady Tremaine, is charged with serious illegal detention. She admits detaining the victim, Princess Cinderella, on January 15, 2018. Lady Tremaine claims the detention was justified to avoid greater harm. She will present evidence and witnesses to prove Cinderella's history of drug use and aggression, and that Lady Tremaine acted in self-defense after being attacked. The issues are whether Lady Tremaine committed the crime and if her actions were justified.

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    The accused, Lady Tremaine, is charged with serious illegal detention. She admits detaining the victim, Princess Cinderella, on January 15, 2018. Lady Tremaine claims the detention was justified to avoid greater harm. She will present evidence and witnesses to prove Cinderella's history of drug use and aggression, and that Lady Tremaine acted in self-defense after being attacked. The issues are whether Lady Tremaine committed the crime and if her actions were justified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views3 pages

    Pre Trial Brief

    Uploaded by

    Ariadne Hornilla
    The accused, Lady Tremaine, is charged with serious illegal detention. She admits detaining the victim, Princess Cinderella, on January 15, 2018. Lady Tremaine claims the detention was justified to avoid greater harm. She will present evidence and witnesses to prove Cinderella's history of drug use and aggression, and that Lady Tremaine acted in self-defense after being attacked. The issues are whether Lady Tremaine committed the crime and if her actions were justified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    NATIONAL CAPITAL JUDICIAL REGION
    MANILA CITY, BRANCH __

    PEOPLE OF THE PHILIPPINES


    Plaintiff,

    -versus- Criminal Case No. __________


    For: Serious Illegal Detention
    LADY TREMAINE
    Accused.

    X--------------------------------------------x

    PRE-TRIAL BRIEF OF THE ACCUSED

    ACCUSED, through the undersigned counsel, before this Honorable Court, most respectfully
    submit this Pre-Trial Brief:

    SUMMARY OF ADMITTED FACTS


    AND PROPOSED STIPULATION OF FACTS

    The accused admits the following:


    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 Princess Cinderella, the victim;
    3. The detention of the victim; and
    4. The date, time and place of the detention, which was January 15, 2018 at about 5:30 in the
    afternoon and at 12 Midnight St., Sampaloc, Manila.

    EVIDENCE FOR MARKINGS

    1. Affidavit of accused, Lady Tremaine


    Purpose: to prove that she admits the detention of the victim but the same was done in order to avoid
    greater evil or injury;
    2. Affidavit of Conchita P. HIthit
    Purpose: to prove what actually transpired on January 1, 2018 at Bonifacio Global City and to prove the
    authenticity of the photos taken by her during the party on said date and place;
    3. Drug test results of Princess Cinderella on November 31, 2014 and November 31, 2015, and
    Certificate of Completion of rehabilitation
    Purpose: to prove that Princess Cinderella had history of using drugs and had been confined to
    rehabilitation center twice and to prove the complainant’s propensity for violence due to her addiction;
    4. Pictures taken by Conchita Hithit using her phone during the party on January 1, 2018
    Purpose: to prove that there was actually drug session;
    5. Medical Certificate and Medico-Legal Certificate issued by Dr. Fairy Godmother and Dr. Joel
    Macapino respectively
    Purpose: to prove that the accused sustained several wounds as a result of the aggression by the victim;
    6. CCTV footages with date and time stamp captured on January 15, 2018
    Purpose: to prove the aggression of the victim towards the accused and to show the actual date and
    time of the occurrence of the incident;
    7. Picture of the attic door and lock
    Purpose: to show the type of lock involved, the aftermath of the incident, the trail of blood left by Lady
    Tremaine, indicating the struggle to close the door, and to show that it matches the door captured by the
    CCTV camera during the incident;
    8. Broken pieces of glass slipper found at the place of incident and those removed from the
    accused’s head
    Purpose: to prove the material used by the victim to hit the accused;
    9. Affidavit of Lucy F. Ukrat
    Purpose: to prove the existence of the white tablet found inside the attic;
    10. White tablet found in the attic
    Purpose: to prove that the victim was using drugs; and
    11. PDEA Chemistry Report
    Purpose: to prove that the white tablet contains Methylenedioxymathamphetemine, a dangerous drug
    under R.A. 9165.

    ISSUES

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


    2. Whether or not the act constituting the crime charged was justified under Article 11,
    paragraph 4 of the Revised Penal Code; and
    3. Whether or not she was guilty thereof.

    WITNESSES

    1. Accused Lady Tremaine to testify on the matters and circumstances attending the detention
    of the victim.
    2. Witness Conchita P. Hithit to testify on what actually transpired on January 1, 2018 at
    Bonifacio Global City.
    3. Witness Lucy F. Ukrat to testify on the matters and circumstances attending the discovery of
    the white tablet inside the attic.

    TRIAL DATE

    Specifically all Tuesdays of the month, with regular appearance of the undersigned counsel
    before this Honorable Court.

    RESPECTFULLY SUBMITTED.

    Sampaloc, Manila City, Philippines, February 13, 2018

    JERMILE SALOR
    Counsel for the Defense
    Roll no. 12345
    IBP No. 654321 / 12-20-15
    MCLE Compliance No. 555334
    PTR No. 345667

    Copy Furnished:

    PROS. JUAN DELA CRUZ


    Assistant City Prosecutor
    Manila City Hall of Justice
    Manila City

    Received by:____________
    Date: _____________

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