REPUBLIC OF THE PHILIPPINES Regional Trial Court Fourth Judicial Region Branch ___ Santa Cruz, Laguna
PEOPLE OF THE PHILIPPINES Plaintiff -versus-
CRIM. CASE NO. ----For: Parricide
LUPE MERCADO Y GUARIN Accused X-----------------------------------------X
PRE-TRIAL ORDER SUMMARY
That on or about 11:00 AM of September 4, 2011,inBRGY. Bubukal, Santa Cruz, Laguna and within the jurisdiction of this Honorable Court, the said accused, with intent to kill, did then and there wilfully, unlawfully and feloniously attack, assault and use personal violence upon one LUCY MERCADOercado , his legal wife, by then and there shooting her with a Beretta 22 Automatic Pistol, thereby inflicting upon the latter gunshot wounds on the different parts of the body which was the direct and immediate cause of her death thereafter. STIPULATION OF FACTS Admitted
The Defense Counsel admitted the existence and veracity of the documentary exhibits such as the marriage certificate between Lupe and Lucy Mercado, the death certificate of Lucy Mercado which were marked by the Prosecution and the identity of the accused. The Prosecution admitted the existence of the Certification from the Firearms and Explosive Division of the PNP. Disputed Version of the Prosecution Prosecution
That on about 11:00 AM of September 4, 2011,in BRGY. Bubukal, Santa Cruz, Laguna Lupe Mercado killed his legal wife by inflicting four (4) gunshot wounds upon the latter after a few hours of heated arguments. Version of the Defense
That on about 11:00 AM of September 4, 2011,in BRGY. Bubukal, Santa Cruz, Laguna Lupe Mercado accidentally killed his legal wife by inflicting four (4) gunshot wounds upon the latter in self defense in their scuffle for a gun which the victim poked to the suspect during their short verbal arguments.
Issues to be resolved
Whether or not the accused committed the crime as charged.
EVIDENCE FOR THE PARTIES
Evidence for the Prosecution Exhibit “A”
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Judicial Affidavit of Badette Mercdo
Exhibit A-1
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Page 2 of Judicial Affidavit of Badette Mercado
Exhibit A-2
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Page 3
Exhibit A-1-1 -
Signature of Badette Mercado
Exhibit “B”
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Judicial Affidavit of Rea Lucena
Exhibit B-1
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Page 2 of Judicial Affidavit of rea Lucena
Exhibit B-2
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Page 3
Exhibit B-1-1 -
Signature of Rea Lucena
Exhibit C
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Death Certificate of Lucy Mercdo
Exhbit D
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Marriage Certificate between Lupe and Lucy Mercado
Testimonial Evidence Prosecution will present two (2) witnesses, Badette Mercado and Rea Lucena Evidence for the Defense Exhibit 1
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Judicial Affidavit of Lupe Mercado
Exhibit 1 – A
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Page 2 of Judicial Affidavit of Lupe Mercado
Exhibit 1 – B
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Page 3 of Judicial Affidavit of Lupe Mercdo
Exhibit 2
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Certification from Firearma and Explosive Unit, PNP
Exhibit 3
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Certificate of Good Moral Character by Father Gomez
Testimonial Evidence The prosecution will present two (2) witnesses namely, Ms. Badette Mercado and Ms. Rea Lucena. The defense will present two (2) witnesses namely, Lupe Mercado and Rev. Father and DR. AICRAG/ Records Keeper
HEARING DATES
The trial date is set on January 26, 2013, February 2, 9, 16, 23, 2013 at 7:30 AM. It is understood that the testimony of the witness should be completed on the scheduled date of hearing allotted to said witness under the One-day Examination of Witness Rule. The Court however, has the discretion on whether or not to extend the direct and/or cross examination of witnesses for good cause shown. Failure of the party or his counsel to comply with the aforementioned schedule of hearings and deadlines may be a ground for imposition of fines and other sanctions by the Court. SO ORDERED. Santa Cruz, Laguna, January 25, 2013
JEROME PARONE Judge
