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Final For Bryan James Dagoc

The document is a pre-trial brief for a criminal case filed in the Regional Trial Court of Misamis Oriental regarding the death of 17-year-old Sandra Alagase Ehong. The brief alleges that Sandra died while working for and living with the accused, Ryan Paid and May Paid y Montina. It further alleges that the accused conspired to hide the true cause of death, initially reporting it was from illness but an autopsy found she died of strangulation. The brief outlines witnesses and evidence that will be presented to show the accused are guilty of violating PD 1829.

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Nadin Morgado
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94 views5 pages

Final For Bryan James Dagoc

The document is a pre-trial brief for a criminal case filed in the Regional Trial Court of Misamis Oriental regarding the death of 17-year-old Sandra Alagase Ehong. The brief alleges that Sandra died while working for and living with the accused, Ryan Paid and May Paid y Montina. It further alleges that the accused conspired to hide the true cause of death, initially reporting it was from illness but an autopsy found she died of strangulation. The brief outlines witnesses and evidence that will be presented to show the accused are guilty of violating PD 1829.

Uploaded by

Nadin Morgado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


10th Judicial Region
Branch 3
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. M-CDO-19-


Complainant, 00298-CR

-versus- For: VIOLATION OF PD 1829

RYAN D. PAID & MAY PAID y Montina,


Accused.
x------------------------------------------------/

PRE-TRIAL BRIEF FOR THE COMPLAINANT

THE COMPLAINANT, by the undersigned counsel, with the direct


supervision of the City Prosecutor, to the Honorable Court, most
respectfully submits the foregoing, to wit:

I. BRIEF STATEMENT OF FACTS

LUCIE ALAGASE EHONG (LUCIE) is the mother of SANDRA ALAGASE


EHONG (SANDRA), who died on April 6, 2018 at the age of 17, being born
on July 25, 2000 at Poblacion Baliguian, Zamboanga del Norte. She died
while working as a helper and a wordking student of Respondents MAY
PAID Y. MONTINA (AI-AI) and RYAN PAID (RYAN).

The father of SANDRA is a first degree cousin of the husband of


CARMENCITA MONTINA, who is the mother of MAY PAID Y. MONTINA (AI-
AI) who in turn is married to RYAN PAID (RYAN). Because of such fact, the
parents of the deceased allowed her to work as a helper and working
student in the household of AI-AI and RYAN. The said couple are living in
Cagayan de Oro City.

Sometime on March 30, 2018, AI-AI called LUCIE informing her that her
daughter was sick but when checked by a physician, no finding was given.
AI-AI called LUCIE again sometime in April 2018 and when SANDRA was able
Counter-Affidavit
Page 1 of 5
to talk to her mother LUCIE, she told her that “Ma kuhaa ko ninyo kay gi
kapoy na kaayu ko”. Because her parents have no money at that time, they
could not afford to grant the request of their child. Thus, LUCIE ask
CARMENCITA MONTINA to let SANDRA go home even if up to Ozamiz City
only where they can meet her. Such request was however denied.

On April 6, 2018 at around 8:00 o’clock in the evening, CARMENCITA


MONTINA called LUCIE to depart and proceed to Cagayan de Oro City as
their daughter was sick. They then proceeded to Cagayan de Oro City with
the fare provided by CARMENCITA MONTINA. On the following day
however, at around 6:00 o’clock in the morning while they were still on
their way to Cagayan de Oro City, RYAN called LUCIE that their daughter is
already dead.

They arrived in Cagayan de Oro City at around 2:00 o’clock in the


afternoon and were fetched from the terminal by RYAN. They then
proceeded to JM Funeral Services but when they arrived thereat, they were
not allowed to see the dead body of SANDRA until she was already inside
the coffin. Her neck could not be seen as it was covered by dress and the
pillow raised her head so that the neck was not visible. The lips were also
covered with heavy makeup.

When the dead body was already back home for the wake, a bruise on
the side of the neck of SANDRA was seen by one her relatives. They then
were discussing to have the dead body autopsied. CARMENCITA, who was
also present became mad and threatened everyone that whoever will case
the autopsy, she/he will face three 3 (cases). Moreover, a certain Cerila
Lagrama asked what was the cause of death, Carmencita then answered
that there was no finding made by the doctor, but when they referred to a
quack doctor, it was suggested that she was being fed by the food of the
“engkanto”. Cerila Lagrama then suggested that an autopsy would be a
perfect thing to do to determine the exact cause of death. This again made
Carmencita to repeat her threats that whoever will cause the autopsy, will
face three cases and added that why should she meddle when the parents
of SANDRA had already accepted the cause of her death.

Such created doubt in LUCIE’s mind why Carmencita would disapprove


the same. An autopsy was then conducted on April 15, 2018 and the results
thereof was that, the cause of death is strangulation. Other findings in the
autopsy report pertaining to the genitalia of the dead body of SANDRA were
as follows; “abrasion at the posterior fourchette measuring 1x1 cm, also
noted was abrasion all over the vaginal orifice”.

Counter-Affidavit
Page 2 of 5
Thus, the instant was then filed and raffled before this Honorable
Court.
II. ISSUES

A ) WHETHER OR NOT THE ACCUSED CONSPIRED TO HIDE THE


EXACT CAUSED OF DEATH OF SANDRA

B) WHETHER OR NOT THE ACCUSED ARE GUILTY BEYOND


REASONABLE DOUBT OF VIOLATING PD. 1829

III. STIPULATIONS AND ADMISSIONS

1. Will the defense admit that they caused the embalming of the body
of SANDRA ALAGASE EHONG without asking permission from her
parents who at that time was already in their way to Cagayan de
Oro City?

2. Will the defense admit that the body was embalmed earlier and not
waiting for the 6 hour limit to expire?

3. Will the defense admit that when the parents finally arrived, they
were not allowed to see the dead body of their daughter until she was
already in the coffin?

4. Will the defense admit that the accused reported to the City Health
Department of Cagayan de Oro City on April 12, 2018 for the issuance
of the Death Certificate that the immediate cause of death was
“Electrolyte Imbalance, Chronis Gastric Loss”?

5. Will the defense admit that the cause of death of SANDRA was due
to “Strangulation”?

IV. EXHIBITS

a) Exhibit "A"' - Judicial Affidavit of LUCIE ALAGASE EHONG

b) Exhibit "B - Medico Legal Report

c) Exhibit "C" - Death Certificate of SANDRA ALAGASE EHONG

Others reserved.
Counter-Affidavit
Page 3 of 5
V. WITNESSES

a ) LUCIE ALAGASE EHONG - she will testify that as the mother of the
deceased, she was not asked before her daughter was embalmed. That
when they arrived they were precluded from seeing the body of dead
daughter until she was already in the coffin. She will also testify on other
relevant matters.

b ) SUMO embalming Officer - he will testify on the facts that


occurred when the dead body of SANDRA was brought to them and other
relevant matters

Other witnesses reserved

VI. TRIAL DATES

As may be agreed and approved by the court.

MOST RESPECTFULLY SUBMITTED.

Cagayan de Oro City, March 20, 2019

PALASAN, GALEON, ECLEVIA and ASSOCIATES LAW OFFICE


Door 1, Goodwill Bldg., Rizal – Fernandez Sts., Cagayan de Oro City
[email protected]/ Contact Nos. (088) 851-2051/0906-509-
4613

By:

TIBURCIO M. PALASAN, JR.


ROLL NO. 37410
PTR NO: 4092142, 01-04-2019
IBP NO: 062651, 01-04-2019
Issued in Cagayan de Oro City
MCLE Compliance No.VI-0003957
Issued on November 3, 2017
[email protected]

Counter-Affidavit
Page 4 of 5
COPY FURNISHED:

Office of the City Prosecutor


Cagayan de Oro City

Received by: ___________

Counter-Affidavit
Page 5 of 5

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