Appellees Brief - 3553 Words

DIOXENOS B. SULIT ATTY. CHRISTINA ARIAS-SUMILONG I-D LEGAL WRITING 3/31/07 REPUBLIC OF THE PHILIPPINES COURT OF APPEALS DIVISION II, CITY OF MANILA PEOPLE OF THE PHILIPPINES, Plaintif-Appellee, -versus- GA. G.R. No. 123456 PEDRO SARMIENTO Y TORDECILLA Accused-Appellant, x------------------------------------------x APPELLEE’S BRIEF SUBMITTED BY OFFICE OF THE SOLICITOR GENERAL #234 Palack St, GSIS Building, Brgy. Vito Cruz, Manila, Philippines By Dioxenos Barreras Sulit Associate Solicitor General SUBJECT INDEX Page No. Contents 1 Cover Page 2 Subject Index†¦show more content†¦Thereafter the all the perpetrators removed their mask one of them pointed a gun at her, took her to a nearby grassy area then and there forcibly raped her at gunpoint. She was able to identify Timeo Yhapp as the rapist and the accused-appellant Pedro Sarmiento as the one holding the knife and was jeering when she was being raped. DR. MA. ANNA MAE QUINTO was the Medico-Legal officer of the National Bureau of Investigation who examined Rivera on February 16, 2006 (about 10:30 a.m.), testified that the latter was positive of spermatozoa, vaginal laceration, and there were also bruises on Wanda’s thighs indicating forced entry on her vagina. Dr. Quinto presented the following report: â€Å"Genitalia: external examination= abundant pubic hair, nulliparous outlet, no bleeding note. = hymen (+) complete, old healed .aceration at 4 and 7 o’clock. Speculum= vaginal wall no erosion/laceration. Cervix= pinkish, (+) whitish discharge. Internal examination= admist 1 finger with ease, Cervix= closed, small midline, firm, non-tender on wriggling, Uterus= small, Adnexae= negative for tenderness. Positive for spermatozoa.† Demek and Angela Catindoyok were the two couple who found the victim standing by the road around 11:00 p.m. of February 14, 2006 while walking home after celebrating their first weddingShow MoreRelated(E. 2243-44). The Circuit Court Found—And Wcs Concurs—That906 Words   |  4 Pagesrelies on Fidelity Deposit Co. v. Olney Assocs., Inc., 72 Md. App. 367 (1986), in support of the proposition that WCS’s released of all its â€Å"rights, claims, debts, liens, demands, and actions,† in essence, that WCS waived its â€Å"right to a waiver.† (Appellee’s Brief at p. 15; see also E. 2243-44 (â€Å"[METROPOLITAN]: It’s a right. They have a right to a waiver.†)) In Olney, however, this Court was presented with a question as to whether a settlement agreement was a substitute contract that completely dischargedRead MoreCase Analysis : Miccosukee Tribe Of Indians Of South Florida 1242 Words   |  5 Pagesd isputed this, asserting it was protected by sovereign immunity. †¢ The court heard the matter, and established the plaintiff’s motion ordering the tribe to pay the total amount of damages. With interest at that point, the judgment totaled $4.1 million.. Brief synopsis of what happened at the trial court: The Third District Court of Appeal showed compassion to Bermudez, who has been attempting to collect the judgment since approximately 4 years ago. However, the court stated the tribe as a whole can tRead MoreAnalysis Of Amici Curiae Brief : A Petition Court2061 Words   |  9 PagesAmici Curiae Brief: a petition to the court for permission to submit a brief in the action with the intent of influencing the court s decision from a person or group who is not a party to a lawsuit, but has a strong interest in the matter. Burden of Proof: A party’s obligation to convince the decision makers in a trial that their facts are true by evoking evidence. Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searchesRead MoreSurvey of Law Final Study Guide Essay6030 Words   |  25 Pagescreated the offense of interstate domestic violence. affirm To uphold, ratify, or approve. Anders brief A law brief submitted to an appellate court by publicly appointed defense counsel in which counsel explains that the defendant’s appeal is nonmeritorious and requests release from further representation of the defendant. answer brief The appellee’s written response to the appellant’s law brief filed in an appellate court. Antiterrorism and Effective Death Penalty Act of 1996 A federal statute