Republic of the Philippines

REGIONAL TRIAL COURT

6TH JUDICIAL REGION
BRANCH 62, BAGO CITY

PEOPLE OF THE PHILIPPINES CRIM CASE NO ______________

Complainant (NPS NO.

-versus- -For-

-QUALIFIED THEFT-
ANGELIKA SANTOS
Accused

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PRE-TRIAL BRIEF OF THE DEFENSE

The Accused, represented by the undersigned counsel as her attorney-in-law,

respectfully submits to this Honorable Court this Pre-Trial Brief, to wit:

I.

PROPOSED STIPULATION OF FACTS

The defense proposes the following stipulation of facts:

1. That the accused, Angelika Santos, is a resident of Bago City where she can
be served summons and other processes of this Honorable Court.
2. That the Accused, Angelika Santos, is employed as the Collecting Officer of
the private complainant, Bago Lending Corporation.
 3. That the private complainant claims that the accused with grave abused of
confidence reposed upon the accused, with intent to gain and without the
consent of the private complainant, did and willfully, unlawfully and
feloniously, take, steal, and carry away the amount of One Million Nine
Hundred Thirty Thousand Seven Hundred Sixty-Six Pesos and Thirty Seven
Centavos (P 1,930,766.37).
4. That the accused denies the claim of the private complainant that with grave
abused of confidence reposed upon her took the said amount with intent to
gain.
5. That the accused did receive the payment of Bea Robles in the total amount
of One Million Nine Hundred Thirty Thousand Seven Hundred Sixty-Six
Pesos and Thirty Seven Centavos (P 1,930,766.37).
6. That the accused only deposited the payments received to her personal
account for safekeeping since she heard news that the company’s account
will be frozen by the bank due to some issues.
7. That her action was only moved by her concern for the company and was
not done with intent to gain nor with abuse of confidence reposed upon her.

II.

ISSUES TO BE TRIED AND RESOLVED

The Defense proposes the following issues to be tried and resolved by this

Honorable Court:
 1. Whether or not the elements of the crime charged are all present in the

case.

2. Whether or not the accused is guilty of the crime charged.

III.

Applicable Laws and Jurisprudence

A. Revised Penal Code

B. Jurisprudence laid down by the Supreme Court

The opposition respectfully reserves the right to cite applicable laws and
jurisprudence as the case progresses.

IV.

EVIDENCES TO BE MARKED

The Opposition will present the following documents

1. Official Receipts issued by the accused to acknowledge payments

made to her by different borrowers.

 2. Bank Statements of the accused to show that the money of the

company was left untouched.

3. Other documents as may be determined to be relevant to the case

during the course of trial.

V.

WITNESSES TO BE PRESENTED

The Opposition will present the following witnesses:

1. Maria Elly Tan, secretary of Mr. Jowi Su who relayed the news that

the company’s account was in danger of being frozen by the bank.

2. Other witnesses as may be determined to be relevant to the case

during the course of trial.

VII.

AVAILABLE DATES FOR TRIAL

The defense respectfully requests that the trial dates be agreed upon in open

court at such dates and time convenient to the parties and the calendar of this

Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto this

Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Bago City, April 3, 2014.

Counsel for the Defense