Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 35
Ozamiz City

PEOPLE OF THE
PHILIPPINES,
Prosecution,

-versus- CRIMINAL CASE No. 07

For: Homicide
JOHN PONTIO MICHAEL
P. MADRIGAL,
Accused.
x----------------------x

PRE-TRIAL BRIEF
OF THE ACCUSED

The accused, JOHN PONTIO MICHAEL P. MADRIGAL, by and

through the undersigned counsel, unto this Honorable Court most respectfully
submits this Pre-trial Brief, to wit:

I. BRIEF STATEMENT OF THE CASE

1.1. The accused and the private complainant, Mary Kate Imperial, along
with her husband, the victim, Larry Imperial, are neighbors.

1.2. On July 22, 2024, the accused decided to drop by his neighbor’s
house and speak directly with Larry Imperial regarding the recent
altercation between their sons at school.

1.3. The accused brought his licensed .45 caliber pistol and motorcycle
keys, intending to go to a scheduled target practice after visiting his
neighbors.

1.4. Before accused could arrive at his neighbor’s house, he found that
Larry Imperial, visibly upset, was already on his way to meet him.

1.5. A verbal argument ensued, during which the Larry Imperial grabbed
the accused by the collar and threatened him. Accused instinctively
pushed the victim away, trying to create space between them.
However, Larry Imperial retaliated by hitting him in the chest,
escalating the situation into an all-out fistfight.

Page 1 of 5
 1.6. Larry Imperial got hold of an iron pipe on the ground and charged
at the accused. Fearing for his life, accused drew his gun and shot in
self-defense as Larry Imperial advanced with the weapon.

1.7. Realizing the severity of the situation, the accused rode to the
Ozamiz City Police Station, where he voluntarily surrendered,
knowing he needed to face the consequences as he was overcome
with guilt.

1.8. The accused believed his actions were a necessary response to defend
himself from real and imminent danger, praying such would be
considered in the charges against him.

II. ADMITTED FACTS, PROPOSED STIPULATIONS OF FACTS

AND DEFENSES

2.1. The accused hereby admits the following facts:

2.1.1. The identity of the private complainant, Mary Kate Imperial;

2.1.2. The identity of the victim, Larry Imperial;

2.1.3. The date and time of the incident;

2.1.4. All allegations indicated in the pleadings submitted by the

accused; and

2.1.5. Other admissions to be made during the pre-trial proper.

2.2. Furthermore, the accused respectfully proposes the following facts to

be admitted by the prosecution:

2.2.1. That while the accused had previously dated the private
complainant, he had no known encounters with the latter nor
his husband, the victim, since 2014;

2.2.2. That the accused had no history of animosity with the victim;

2.2.3. That the accused only took his .45 caliber pistol before
heading out, as he had planned to go to a scheduled target
practice later that day of the incident;

2.2.4. That the accused had license to possess and carry the .45
caliber pistol;

2.2.5. That the accused did not reach the victim’s house since the
victim was already on his way to go to the accused;

Page 2 of 5
 2.2.6. That the accused and the victim had a verbal argument
regarding their sons’ altercation in school;

2.2.7. That during the argument, the victim grabbed the accused by
the collar and threatened him;

2.2.8. That the victim was larger than the accused in body
proportions;

2.2.9. That the victim got hold of an iron pipe from the construction
site;

2.2.10. That there was no intent to kill on the part of the accused; and

2.2.11. That the accused immediately surrendered to the Ozamiz City

Police Station.

2.3. The accused, moreover, raises the following defenses:

2.3.1. The resultant gunshot was a mere act of self-defense;

2.3.2. The accused’s surrender was voluntary and spontaneous; and

2.3.3. The accused reserves the right to raise such other defenses that
may become apparent in the course of the presentation of
evidence and trial.

III. ISSUES TO BE TRIED AND RESOLVED

3.1. Whether the justifying circumstance of self-defense under the

Revised Penal Code attended the killing of the victim.

3.2. Whether the mitigating circumstance of voluntary surrender under

the Revised Penal Code may be appreciated.

IV. EVIDENCE TO BE PRESENTED

Documentary Evidence:

4.1. Copy of the Text Message received by the accused on July 22, 2024
confirming scheduled target practice at 4:30 PM on the same day at
Royal Pistol Indoor Firing Range to be marked as Exhibit “1”

Purpose: To prove that the accused solely brought his firearm for
his scheduled target practice on the day of the incident.

Page 3 of 5
 4.2. License to Own and Possess Firearms and Permit to Carry of John
Pontio Michael P. Madrigal to be marked as Exhibit “2”

Purpose: To prove that the accused is authorized and eligible to

own, possess and carry his firearm.

4.3. Medical Report of the accused executed by Dr. Eldrin T. Sy on July

23, 2024 to be marked as Exhibit “3”

Purpose: To prove that the accused sustained physical injuries

during the altercation with the victim, creating reasonable
and imminent fear to his life.

4.4. The accused reserves the right to present additional documentary

evidence in the course of the trial as deemed fit and necessary
towards the successful defense in the case.

Witness:

4.5. Accused himself

Purpose: To refute the material allegations in the

Complaint/Information; testify on the contents of his
counter-affidavit; and strengthen his claims that the
alleged unjustified attack was, in fact, justified and that
his immediate surrender was, in fact, spontaneous and
voluntary.

V. APPLICABLE LAWS AND JURISPRUDENCE

5.1. Article 11 of the Revised Penal Code

5.2. Ganal, Jr. y Badajos v. People, G.R. No. 248130, 02 December 2020
5.3. People v. Olarbe y Balihango, G.R. No. 227421, 23 July 2018
5.4. People vs. Nugas, G.R. No. 172606, 23 November 2011
5.5. People vs. Manzano, Jr., G.R. 217974, 05 March 2018

VI. AVAILABLE DATES FOR TRIAL

The accused respectfully requests that the trial dates be agreed upon
during the pre-trial conference where all the parties are in attendance to avoid
conflict of schedules of the parties and the calendar of this Honorable Court.

Page 4 of 5
 Most respectfully submitted this 1st day of October 2024 at Ozamiz City,
Misamis Occidental, Philippines.

ATTY. JEAN B. LLAMAS

Counsel for the Accused
IBP Roll No. 61722; 05/16/2015
IBP OR No. 427489; 02/21/2025; Ozamiz City
PTR OR No. 1246178; 01/13/2025; Ozamiz City
MCLE Compliance No. VII-0015648; 4/13/2025
Email: [email protected]

COPY FURNISHED:

ATTY. LIEZL L. LUGAGAY

Assistant City Prosecutor
Office of the City Prosecutor
Ozamiz City

Page 5 of 5