REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT BRANCH 54 LUCENA CITY, QUEZON PROVINCE

THE PEOPLE OF THE PHILIPPINES, Plaintiff,

- !"#$# Ca#! N&' (5-)()

C"i%inal F&"* Ra+!

RA,NEY GARCIA, A--$#!.' /-----------------------------------/

PRE-TRIAL BRIEF FOR THE ACCUSE, I. BRIEF STATE0ENT OF THE CASE This is a criminal prosecution for the crime of rape pursuant to of the Revised Penal Code of the Philippines. Accused Rev. Fr. Radney Garcia is a 35 - year old parish priest of Our ady of Pe!afrancia in Capistrano "u#division$ %r&y. Gulan&- Gulan&$ ucena City. 'e is very dedicated in preachin& the (ord of God. 'e is also persuasive in the construction of the ne) church. 'e &ets alon& )ith the parishioners and really reaches out to the poor. As such$ he is )ell loved #y the people$ especially the parishioners$ for his friendliness and community oriented church pro*ects. +ot to mention$ ho)ever$ that he is a &ood loo,in& priest$ and -uite popular )ith the youth as he conducts a re&ular catechist sessions and seminar pro&rams for the sacristans.

Plaintiff .ina Grace /e*ia is a 01 - year old school teacher at the "cuola %am#ino 2lementary "chool in %r&y. 3sa#an&$ ucena City $ mother of a 4 - year old #oy$ .ictor. "he is an active mem#er of the /other %utler Guild )hich is a pastoral or&ani5ation in-char&ed )ith the )ardro#e of the priest as )ell as in arran&in& the altar. "he is also a commentator. As such$ she is ,no)n to #e a close friend of the accused as they are often seen chattin& #efore and after 2ucharistic cele#rations and in other church activities. On 6ecem#er 74$ 0774$ accused )ent a#out his routine as priest of Our ady of Pe!afrancia Parish )here plaintiff served as one of the commentators of the 8am mass. After the mass$ he )ent to the sacristy to ta,e off his sutana as he had an appointment that mornin& to #less a ne)ly renovated house o)ned #y one of the parishioners. The plaintiff )ent to assist him #ut he refused and told her that he can mana&e. Plaintiff$ ho)ever$ insisted$ so the accused allo)ed her to ta,e off his sutana and fold it for him. Rev. Fr. Radney Garcia then heard the plaintiff so##in&. As he could not #ear to see anyone cry$ much more a )oman and a close friend of his$ he approached her and as,ed her )hat )as )ron&. To his surprise the plaintiff suddenly turned and hu&&ed him encirclin& his )aist )ith her arms. Accused felt a),)ard #ut didn9t have the heart to shove a cryin& )oman a)ay. 'e as,ed her a&ain )hat )as )ron& #ut she didn9t ans)er and *ust continued so##in& into his chest. Accused felt his )hite t-shirt &ettin& )et )ith plaintiff9s tears so he attempted to push her &ently a)ay from him. 'e handed her his )hite hand,erchief #ut plaintiff didn9t ta,e it from him$ she *ust ,ept on cryin&. Plaintiff then held his hand )ith hers and as,ed him Maganda ba ako, Rad?. Accused noticed that plaintiff didn9t address him )ith the usual Father Rad #ut he disre&arded it and thou&ht it )as only due to plaintiff9s distress that she called him #y name only. 'e ans)ered Oo naman. Magandang maganda ka, Vina. Plaintiff shoo, her head and hu&&ed accused a&ain$ this

time placin& her face a&ainst the side of his nec,. Accused felt a),)ard a#out their situation$ afraid someone mi&ht see them li,e that so he &ently pushed plaintiff a)ay from him. 'o)ever$ plaintiff9s hold on him ti&htened even more. To his surprise$ plaintiff ,issed him on the lips. Rev. Fr. Radney Garcia$ althou&h reluctant a#out )hat to do )ith plaintiff9s advances$ )as not a#le to resist such &esture #ecause Fr. Garcia and the plaintiff are lovers and that they )ere havin& a secret relationship. Fr. Radney Garcia )as even contemplatin& a#out leavin& his vocation and settlin& )ith the plaintiff. (hat transpired #et)een Fr. Garcia and the plaintiff is a purely consensual act of love and #oth he and the plaintiff )anted that to happen. After ma,in& love$ the plaintiff made Rev. Fr. Garcia choose #et)een plaintiff and Fr. Garcia9s vocation. (hen Fr. Garcia conveyed that he )as still undecided upon the matter$ the plaintiff &ot very an&ry and )arned that she mi&ht do somethin& that Fr. Garcia mi&ht re&ret. After )hich$ the plaintiff left the sacristy. Plaintiff did not return to serve the parish after that day #ut accused did not #other her thin,in& that may#e she didn9t )ant to see him out of em#arrassment for )hat happened. 'e )as surprised )hen t)o )ee,s later )hen the t)o policemen came to the convent and arrested him for alle&edly rapin& the plaintiff. II' FACTS A,0ITTE, :.That the victim$ .ina i5ano /e*ia is a 01 year old )oman )ho is a mother of a seven year old child named .ictor. 0. That .ina /e*ia is a resident of %r&y. Gulan& Gulan&$ ucena City since #irth. 3. That .ina /e*ia has #een a mem#er of the /other %utler Guild for 5 years.

1. That Fr. Garcia is 35 years old. 5. That Fr. Garcia is the official parish priest of %r&y. Gulan& Gulan&$ ucena City. 8. That Fr. Garcia has #een servin& the community of ucena City for 8 years as a priest. 4. That prior to the 6ecem#er 4$ 0774 incident .ina /e*ia and Fr. Garcia have #een &ood friends. ;. That Fr. Garcia is or&ani5in& a concert pro*ect for the malnourished children of ucena City. <. That .ictor /e*ia$ the 4 year old son of .ina /e*ia is a #eneficiary of the concert pro*ect of Fr. Garcia. :7. That on 6ecem#er 4$ 0774$ .ina /e*ia )ent to the church for the 8am mass and )ent to the sacristy after the mass to assist Fr. Garcia in preparin& his thin&s for the house #lessin& of %r&y. Captain /ar, /a&allanes at 4=37am. III' ISSUES :. (hether or not .ina i5ano /e*ia has #een raped and a#used #y the accused Fr. Radney Garcia. 0.(hether or not the testimony of the victim .ina /e*ia corro#orated #y the res &estae testimony of her mother stren&thened #y the findin&s of the e>pert )itness are sufficient to convict the accused for the crime of rape. IV' APPLICABLE LA1S :. Act +o. 3;:5 ,no)n as the Revised Penal Code 0. Repu#lic Act +o. ;353 other)ise ,no)n as the Rape a) of :<<4 3. Revised Rules of 2vidence

V' OB2ECTS AN, ,OCU0ENT TO BE PRESENTE, :. Affidavit of Rev. Fr. preliminary investi&ation RA6+2? GARC3A durin& the

0. %racelet &iven #y the plaintiff to Rev.Fr. RA6+2? GARC3A containin& the en&raved )ords @Radney and Vina Forever VI' 1ITNESSES TO BE PRESENTE, :. Rev. Fr. RA6+2? GARC3A$ accused Purpose= To testify on )hat happened on 6ecem#er 4$ 0774 and to testify on his relationship )ith the plaintiff 0. /onsi&nor AA?"O+ O%3 2"$ %ishop of ucena City and confidant of Rev. Fr. Radney Garcia Purpose= To testify on the relationship of Rev. Fr. Radney Garcia and plaintiff and to prove that that the se>ual act #et)een Rev. Fr. Radney Garcia and the plaintiff )as consensual 3. /ARB /AGA A+2"$ %aran&ay Captain of %r&y. Gulan&Gulan&$ ucena City Purpose= To testify on the character and reputation of Rev. Fr. Radney Garcia VII' AVAILABLE TRIAL ,ATES For convenience$ plaintiff and his counsel )ill su#mit their availa#le dates durin& the pre-trial conference.

RESPECTFULLY SUB0ITTE,' 0a"-3 45, 4((6, L$-!na Cit7

Val!8a-S&"ia Counsel for the Accused 1 6ela Rosa "t.$ /a,ati Ave.

/a,ati City %y= Att7' Ca"l& Val!8a 3%P +o. 8;:051C-7;-05-:7 PTR +o. 1548013C71-70-:7C T/C Roll of Attorneys +o. :7:30