Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Branch 4 Baguio City FAMILY COURT OF BAGUIO CITY PEOPLE OF OF TH THE PH PHILIPPINES, Plaintiff,
CRIMINAL CA CASE NO. 40 40417-R
- versus FOR: !O"#$!O% OF &'C( )*+a OF R# .)* FLORA GAMBOC BOLLA, /------------------------------------------- /------------------------------------------- --/
MOTION TO AMEND PRE-TRIAL ORDER $0' #CC1&'2 through counsel and unto this 0onorable Court, respectfully states the follo3ing: )( $hat the Pre-$rial Conference for the present case 3as conducted on ay )., 5*)6 5( $hat the Pre-$rial Order 3as received by the accused7s counsel on June 5, 5*)6 8( $hat the Pre-$rial Order states that only 9retchell #guilar, ichelle Boll olla and and erl erlyn Bugto ugtong ng is to be prese resent nted ed by the the defen efense se as corroborating 3itnesses6 4( 0o3eve 0o3ever, r, in the intere interest st of ustic ustice, e, the accuse accused d prays prays that that the 0ono 0onorab rable le Cour Courtt a; a;en end d the the Pre-$ Pre-$ri rial al Orde Orderr to incl includ ude e addi additi tion onal al 3itnesses vital to the cause of the accused6 <( $hat $hat the the foll follo3 o3in ing g are are the the pers person ons s the the accu accuse sed d pray prays s to be included as 3itnesses to be presented during trial and the substance of their testi;ony: i.
Khaya !a"a !a"a - to testify that she 3as at the accused7s house al;o al;ost st ever everyd yday ay duri uring the the peri eriod fro fro; June June 5*). 5*). to 2ece 2ece;b ;ber er 5*). 5*). and that that she she 3as al;o al;ost st al3a al3ays ys 3ith 3ith the the private co;plainant during their stay at the accused7s house6 that the private co;plainant =no3s the location of the =ey to the house because the private co;plainant 3ould be the one to open the door to the house 3henever she co;es ho;e first6 that that she 3oul ould play lay eve every afte aftern rno oon 3ith ith the pri private vate co;plainant outside and that they 3ould co;e ho;e before it got dar=6 and that she never sa3 or heard the accused loc=ed the the pri private vate co;p co;pla lain inan antt out of the the hous house e as a =ind ind of punish;ent 3hile she 3as staying at the accused7s ho;e6
ii.
P#$%y L&'(a$"& - to testify that she stayed together 3ith the private co;plainant in the house of the accused during the ;onth of January 5*)6 that she 3as al;ost al3ays 3ith the private co;plainant at the house of the accused 3henever the private co;plainant 3as not in school6 and that she =no3s for a fact that the private co;plainant =no3s the location of the =ey to the house as the private co;plainant sho3ed her the location of the =ey6 and
iii.
Da)#* Da+a - that he is a >aga3ad of &t( Joseph illage %avy Base, Baguio City, and that he regularly ;a=es rounds at the area at night and that he did not see the private co;plainant 3andering thereat fro; June 5*). until January 5*)(
.( $hat these persons 3ere not na;ed during the Pre-$rial Conference because Pin=y "ofranco, 3ho 3as then in Pangasinan recuperating fro; a sic=ness, 3as not available at that ti;e, and that >hayla ?acal and 2avid 2a3a only agreed to testify after the Pre-$rial Conference6 ( $hat these 3itnesses are vital for the accused to disprove the accusations ;ade in the infor;ation, and that it 3ill cause inustice against the accused if she is denied the opportunity to present these 3itnesses6 @( $hat the accused apologiAes for this late addition of 3itnesses and hu;bly prays for the 0onorable Court7s benevolence and grant this instant ;otion in the highest interest of ustice6 ( $hat this ;otion is not intended for delay or to prolong the proceedings in this case but for reasons already stated above( ?0'R'FOR', pre;ises considered, the accused through counsel prays that the Pre-$rial Order dated ay )., 5*) be a;ended to include the follo3ing 3itnesses to be presented by the defense during $rial: Khaya !a"a, P#$%y L&'(a$"& a$* Da)#* Da+a( Other reliefs ust and euitable under the pre;ises are also prayed for( June ., 5*), Baguio City, Philippines(
ATTY. LOUIE L. SANTOS Counsel for the accused R;( 8* Jose iguel Building %o() "absan &t(, Baguio City P$R %o( 5<8@, Baguio City !BP %o( )*.), January )*, 5*) Roll %o( ..48), June 55, 5*).
NOTICE OF HEARING
THE BRANCH CLERK OF COURT R'9!O%#" $R!#" CO1R$ Branch 4 Baguio City F#!"D CO1R$ OF B#91!O C!$D
THE CITY PROSECUTORS OFFICE Justice 0all, Baguio City 9reetingsE Please ta=e notice that the undersigned counsel 3ill sub;it the foregoing ;otion for hearing on June )8, 5*) at @:8* ocloc= in the ;orning or any ti;e or date thereafter according to the availability of the Court( $han= you( LOUIE L. SANTOS
Copy Furnished:
PROS. MARGARITA N. DE GUMAN-MANALO $0' C!$D PRO&'C1$OR7& OFF!C' Justice 0all, Baguio City
